In a sane country it'd be comical. But ...
Lisa Needham at Public Notice:
Reading the complaint in Donald Trump’s lawsuit against pollster Ann Selzer over her 2024 poll that found Kamala Harris leading Trump in Iowa, it’s hard not to give in to thoughts of how comically obscene it is. The suit stretches the interpretation of the relevant law — Iowa’s Consumer Fraud Act — well past the breaking point. It leans heavily on “facts” that are nothing but Trump quoting Trump about being mad. It spends a good deal of time citing hard-right outlets like Breitbart as if they are neutral. It’s hard not to laugh at how absurd it is. But then you remember that ABC just gave Trump a total of $16 million rather than fight the paper-thin defamation lawsuit he brought against them. And that even after ABC knuckled under, Trump still has lawsuits against CBS, Simon & Schuster, and CNN. And then you also remember that Trump has stated he’s going to use all his might — and that of the government — to bury media he doesn’t like. All of this makes trying to rationally assess whether the lawsuit will succeed nearly impossible.
Trump can afford to go scorched earth whether his claims have any merit or not. He has bottomless wealth, particularly regarding legal fees, as he’s made his donors cover at least $100 million of them so far. He’s utterly unconcerned about whether something is true, and he seems to have a never-ending stream of lawyers willing to step up even though several have ended up facing sanctions, criminal charges, or both. Put simply, he has no incentive to back down, ever. All that being said, the lawsuit against Selzer is still straight-up trash, even if it’s trash that somehow manages to succeed because of the unique blend of horrible characteristics exclusive to Trump.
The nonsense is the point
Trump is alleging that Selzer, her Selzer & Company polling company, the Des Moines Register (the paper that published the poll), and the Register’s parent company — media behemoth Gannett — broke Iowa’s consumer fraud statute. To demonstrate this, Trump would have to prove actual fraud — as in that Selzer, the paper, and the publisher knew or should have known that the poll was fraudulent and that they intended people would rely on that fraud. But Trump doesn’t argue anything like that. What he does instead are include random quotes slamming Harris from places like Breitbart and a list of other times Selzer got poll predictions wrong.
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Bullying the press into submission
So what happens now? Regrettably, the answer isn’t necessarily the same for all the defendants here. Gannett has already removed lawsuit from the Iowa state courts to the federal courts. There’s nothing particularly odd about that as such — cases can be shifted to federal court when the parties are in different jurisdictions and the damages claimed exceed $75,000. However, this also puts any loss Gannett would suffer in federal district court in Iowa as getting appealed to the Eighth Circuit Court of Appeals, where only one of the 11 current judges was nominated by a Democrat, and then on up to the exceedingly Trump-friendly US Supreme Court. To be fair, it isn’t clear that Iowa state courts would handle this case well either, and it may be that Gannett thinks that the federal courts, which deal with media lawsuits more often, are a better bet. But the one thing that is clear is that Gannett is also only looking out for Gannett. The notice of removal filed by the company is only on their behalf. The other defendants get dragged along, but Gannett is not, at least as of yet, providing a defense on behalf of Selzer, her company, or the Register. The party with the shallowest pockets and the least ability to withstand the juggernaut of endless Trump litigation is Selzer, which makes it hard for her to be the face of taking a hard line against Trump’s war on the media.
Donald Trump’s frivolous lawsuit against Ann Selzer and the Des Moines Register is a gross attack on the freedom of the press.













